MICHAEL R. KILLILEA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL R. KILLILEA, APPELLANT,
STATE OF FLORIDA, APPELLEE
950 So. 2d 1269
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Michael R. Killilea appeals the order denying his 3.800(a) motion to correct jail credit. He contends the trial court did not credit him with the correct number days he served in the county jail against his Department of Corrections (“DOC”) sentence. While his case was pending before this court, Killilea was released from the DOC. See Toomer v. State, 895 So. 2d 1256, 1256-57 (Fla. 1st DCA 2005). Therefore, we DISMISS this appeal as MOOT because Killilea is no longer in DOC’s custody.
THOMPSON, MONACO and EVANDER, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tacy v. State, 322 So. 3d 1235 (Fla. 6th DCA 2023)…award of credit for time served because he has completed his sentence. See Walls v. State, 322 So. 3d 1235 (Fla. 3d DCA 2021); Dixon v. State, 274 So. 3d 531 (Fla. 1st DCA 2019); Boggs v. State, 166 So. 3d 899 (Fla. 2d DCA 2015); Killilea v. State, 950 So. 2d 1269 (Fla. 5th DCA 2007). AFFIRMED in part; DISMISSED in part. STARGEL, TRAVER and WHITE, JJ., concur. Howard L. “Rex” Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant Ashley Moody, Attorney General…
Authorities Cited
- Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005)